Department of Justice Canada.2008. Origins of the Newly Proposed Canadian Youth Criminal Justice Act: Political Discourse and the Perceived Crisis in Youth Crime in the 1990s. "Custodial Sentencing Options." [128][130], The overall goal of attendance programs is to supervise young persons at times when they may be more prone to commit crimes, such as when left unattended by parents. Canadian Legal Information Institute. Respect the freedoms of young persons and ensure proportionality to the seriousness of the crime. Therefore, we have a separate law, now the Youth Criminal Justice Act (the “ YCJA ”), to govern how we respond to young persons who commit criminal offences. 2009. [39] For example, if the young individual is unable to afford a lawyer, he or she may request legal aid. Retrieved July 22, 2009. S.C. 2002, c. 1. (2002). Diversion refers to the broad range of non-criminal sanctions, including community service that if satisfactorily completed by the youth, the subject charge is withdrawn. The notice to them must include your name, the charge against you, the time and place where you must appear, and a statement that you have the right to be represented by a lawyer. [51] A specific difference in comparison to adult courts is the fact that it prohibits criminal proceedings against a youth without the consent of the Attorney General. According to Section 42(2), the twelfth sentencing option for youth is the placement in an (l) intensive support and supervision program. [122] The purpose of sentencing under section 42 is to protect society by holding the young person accountable for their actions by giving the right amount of punishment which can promote their rehabilitation and reintegration into society. 2008." Youth Criminal Justice Law. [29], The Act in Section 25(1) gives a youth the right to retain and instruct counsel without delay,[31] which was amended by the Canadian Charter of Rights and Freedoms. [53] Therefore, young people are represented by permanent salaried legal aid lawyers or, as per the specified choice, by a private lawyer who accepts the legal aid mandate payable according to the pre-established rates. Canada: Department of Justice, Retrieved July 16, 2009. A notable example is the Ontario decision of R v D.T. Retrieved July 27, 2009, from Department of Justice. The counsel to represent the young individual is to be appointed by the Attorney General according to the section 25(5) of the Youth Justice Act. Changes in Custody Following the Enactment Of the Youth Criminal Justice Act. Retrieved July 25, 2009. Toronto: Irwin Law Inc. Department of Justice Canada. 2002, "45,S.42(2)(r) Intensive Rehabilitative Custody and Supervision Order" side 45, Retrieved July 26, 2009. Canada Youth Justice Law, Lawyers, Attorneys.2002. Subsection (1) (d) defines one of these criteria and states that custodial sentences may be used in those exceptional cases where the youth has committed an indictable offense. [142], For other statutory considerations, the supervision part of the order includes mandatory and discretionary conditions (s. Legal Representation under the Young Offenders Act. Department of Justice Canada, 2008. "Responding to Young Offenders: Diversion, Detention, & Sentencing Under Canada's Y.C.J.A.". Retrieved July 22, 2009. Extrajudicial sanctions can only be used if: Extrajudicial sanctions cannot be used if: Section 18(1)[28] of the Youth Justice Committees (YJCs) help in the administering of the Act by devolving power to the community. [165], The Act defines a serious violent offence as an offence in the commission of which a young person causes or attempts to cause serious bodily harm. Child Protection and Canadian Law: A Service Perspective, Retrieved July 26, 2009. "Youth Sentencing options". It deals with individuals under 18, and those who are at least 12. Youth Criminal Justice Act Young offenders and the criminal justice system In this brochure, masculine personal pronouns are used in order to lighten the text. Toronto: Pearson Education Canada. (2009). Retrieved July 23, 2009. The principal aim of the youth justice system is to prevent offending by children and young persons. "Youth Sentencing Options" Department of Justice Canada, Retrieved July 24, 2009. Instead, the youth court first determines whether or not the young person is guilty of the offence, and then, under certain circumstances, the youth court may impose an adult sentence,[48], When the Crown does not seek an adult sentence for presumptive offence Endres, Karen. [112] Examples of conditions placed on the young offender are as follows: Sentencing Options 42(2)(d) Faculty of Law; Kingston, ON. 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